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Reso 2015-2434
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Reso 2015-2434
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Last modified
6/24/2015 3:05:56 PM
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6/24/2015 3:05:44 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2015-2434
Date (mm/dd/yyyy)
06/18/2015
Description
Agmt w/Mansfield Oil Co. to Purchase Diesel Fuel for 2,000 Gallon Tank
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br /> (305) 947-0606 phone (305) 949-3113 Fax <br /> ❑ Worker's Compensation, as required by state law. <br /> ❑ Business Automobile Liability which shall include coverage for all owned, non- <br /> owned and hired vehicles for minimum limits of not less than One Million Dollars <br /> ($1,000,000.00) combined single limit per occurrence for bodily injury and <br /> property damage. <br /> Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or <br /> self-insurance maintained by the City. Such insurance shall not diminish Contractor's <br /> indemnification and obligations hereunder. The insurance policy shall be issued by companies <br /> authorized to do business under the laws of the State of Florida and acceptable to the City with a <br /> minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is performed, <br /> and at any time upon request, Contractor shall furnish to the City certificates of insurance <br /> evidencing the minimum required coverage and shall be appropriately endorsed for contractual <br /> liability, with the City named as additional insured. All policies shall contain a waiver of <br /> subrogation endorsement. All policies and certificates shall be in foinis and issued by insurance <br /> companies acceptable to the City Manager or his designee. All insurance policies and certificates <br /> of insurance shall provide that the policies may not be canceled or altered without thirty(30) days <br /> prior written notice to the City. Contractor shall also require and ensure that each of its sub- <br /> Contractors providing services hereunder (if any) procures and maintains, until the completion of <br /> the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO <br /> THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN <br /> WRITING BY THE CITY. <br /> 7. TERMINATION AND REMEDIES FOR BREACH. <br /> A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in <br /> a timely manner or otherwise violate any of the covenants, agreements or <br /> stipulations material to this Agreement, the City shall have the right to terminate the <br /> Services then remaining to be performed. Prior to the exercise of its option to <br /> terminate for cause, the City shall notify the Contractor of its violation of the <br /> particular terms of the Agreement and grant Contractor ten (10) days to cure such <br /> • <br /> default. If the default remains uncured after ten (10) days the City may terminate <br /> this Agreement,and the City shall receive a refund from the Contractor in an amount <br /> equal to the actual cost of a third party to cure such failure. If Contractor fails, <br /> refuses or is unable to perform any term of this Agreement, City shall pay for <br /> services rendered as of the date of termination. <br /> (i.) In the event of termination, all finished and unfinished documents, data and <br /> other work product prepared by Contractor shall be delivered to the City and <br /> the City shall compensate the Contractor for all Services satisfactorily <br /> performed prior to the date of termination. <br /> (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability <br /> to the City for damages sustained by it by virtue of a breach of the Agreement <br /> by Contractor and the City may reasonably withhold payment to Contractor for <br /> C1415-072 6MANSFIELD OIL COMPANY 4 t - <br />
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